Katie Bond and Samuel Butler Author a WLF Legal Pulse Article on the Nordic Naturals Decision

Keller and Heckman Partner Katie Bond and Associate Samuel Butler authored a Washington Legal Foundation (WLF) Legal Pulse article, “The Nordic Naturals Decision: A ‘Natural’ Disaster?” In the article, Katie and Samuel bring up many questions that the recent Nordic Naturals decision has raised, such as ‘Are there only whole foods in Whole Foods Market?’ They also mention two other cases, KIND and Pelayo, to provide two more examples of the fact that “to this day, there is still no regulatory definition of 'natural' or any broad, concrete understanding of the term.”

“The saving grace of the Nordic Naturals decision,” they conclude, “is that it is simply one motion to dismiss decision, amid many other decisions, including KIND and Pelayo. Rather than accept any particular definition for ‘natural,’ the court merely found that the plaintiff’s case was at least plausible. To prove anything further would require a full trial assessing the merits, including how consumers understand the term ‘natural.’”

To read the full article, please click here.